Allahabad High Court
Haridas vs Vijai Bahadur Singh And 5 Others on 12 March, 2021
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- MATTERS UNDER ARTICLE 227 No. - 1298 of 2020 Petitioner :- Haridas Respondent :- Vijai Bahadur Singh And 5 Others Counsel for Petitioner :- R.B. Singh,Amresh Chandra Upadhyay,Harindra Prasad Hon'ble Prakash Padia,J.
Order on Delay Condonation Application No.2 of 2021 Delay in filing the restoration application is sufficiently explained.
The Delay Condonation Application is allowed and delay in filing the restoration application is hereby condoned.
Order on Restoration Application No.3 of 2021 Heard learned counsel for parties and perused the record.
This is an application supported by an affidavit seeking recall of the order dated 18.02.2020 by which the writ petition was dismissed for non prosecution.
Cause shown is sufficient. The restoration application is allowed and the order dated 18.02.2020 is hereby recalled.
The petition is restored to its original number.
Order on the Petition Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notice need not be issued to respondents.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to issue a direction to the Civil Judge (Senior Division) Mirzapur to decide the application 6 C filed in Original Suit No.107 of 2018 (Haridas and others Vs. Vijai Bahadur).
It is argued by learned counsel for the petitioner that apart from the aforesaid suit, an stay application has also preferred by him for grant of interim protection. It is argued that the interim protection is urgently required and prays for early disposal of the stay application.
In the facts and circumstances of the case and without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Court below to decide the aforesaid application filed by the petitioner expeditiously and preferably on the next date fixed. In case, on the said date on account of any reason, the said application could not decide on the said, the court below will decide the same expeditiously and preferably within a period of two months thereafter.
Order Date :- 12.3.2021 saqlain